Linderman v. Disbrow
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Action for the unpaid balance of the purchase price of goods alleged to have been sold by plaintiff to defendant in November, 1869. The specific articles, with the agreed price of each, are stated in the complaint as follows: One self-rake reaper, $125; one set of double harness, $30 ; three plows, $16 each; one hand-rake reaper, $80; two horse cultivators, $17; and it is alleged that at the time they were sold and…
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APPEAL from the Circuit Court for Fond du Lac County. Action for the unpaid balance of the purchase price of goods alleged to have been sold by plaintiff to defendant in November, 1869. The specific articles, with the agreed price of each, are stated in the complaint as follows: One self-rake reaper, $125; one set of double harness, $30 ; three plows, $16 each; one hand-rake reaper, $80; two horse cultivators, $17; and it is alleged that at the time they were sold and delivered, defendant paid $15 on account thereof, and agreed to pay the balance, $285, “in good, responsible farmers’ notes,”…
1Opinion of the Court
DixoN, O. J.
There was no evidence given to prove or tending to prove the counterclaims, called first, second and third, set up in the answer, which were for work, labor and services performed, money laid out and expended, and the hire of agents and warehouses and payment of wages and rents, by the defendant individually, and to and for the individual use and benefit of the plaintiff, and at his individual request. All the services rendered, moneys expended and wages and rents paid, were on account and for the use and benefit of the partnership, or proposed one, between the plaintiff and…
2Cases cited2 opinions
- Sprout v. CrowleyWisconsin Supreme Court · 1872
- Ives v. MillerNew York Supreme Court · 1855
3Cited by6 opinions
- Ott v. BoringWisconsin Supreme Court · 1907
- Pendleton v. BeyerWisconsin Supreme Court · 1896
- Cameron v. AustinWisconsin Supreme Court · 1886
- Carrier v. AtwoodWisconsin Supreme Court · 1885
- Smith v. DickinsonWisconsin Supreme Court · 1898
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